농지매수청구의 개념 및 그 권리의 법적성질

Abstract Farmland purchase request refers to a request by a farmland owner to purchase farmland from the Korea Rural Community Corporation. In this regard, the Farmland Act stipulates a request for farmland purchase in accordance with an order to dispose of farmland and a request for farmland purchase in an agricultural promotion area. To understand the farmland purchase claim system under the Farmland Act, you need to know the definitions of several terms. For example, you should understand farmland, farmers, agricultural corporations, and agricultural management stipulated in Article 2 of the Farmland Act. In addition, the definition of terms for farmland disposal orders, agricultural promotion areas, and farmland purchase claims should also be grasped. For the definition of farmland, farmers, agricultural corporations, and agricultural management, refer to the text, and the definition of farmland disposal orders, agricultural promotion areas, and farmland purchase claims is described below. An order to dispose of farmland means ordering a farmland owner falling under any subparagraph of Article 11 (1) of the Farmland Act to dispose of the farmland by an administrative agency. In addition, under the Farmland Act, a request for farmland purchase refers to a farmland owner who has been ordered to dispose of farmland and a farmland owner in an agricultural promotion area requesting the Korea Rural Community Corporation to purchase farmland owned by the farmland purchase price. The provisions of the farmland purchase request under the Farmland Act do not clearly stipulate the method and standard of the farmland purchase target, the method and standard of the farmland purchase request, and the standard for determining the farmland purchase price, so disputes may arise in the process of requesting farmland purchase. A solution to this should be sought. On the other hand, it is also very important to understand the nature of the farmland purchase claim because the exercise of the farmland purchase claim plays an important role in the application, procedure, and effectiveness of the farmland purchase claim. In particular, the exercise of the right to claim the purchase of farmland affects the practical effectiveness problem and whether the right can be remedied if the request for the purchase of farmland is rejected. In most individual laws, the effect of the purchase request is a discretionary act, and the same applies to the Farmland Act. According to these regulations, the right to claim farmland by interpreting it as the literature is simply the right to request the right to purchase farmland, and it is practically ineffective at the discretion of the Korea Rural Community Corporation. For this reason, even if the effect of the farmland purchase request under the farmland disposal order is a discretionary act, it is necessary to view the right to purchase farmland as the right to form depending on the type of farmland purchase target. It can be said that it is practically appropriate to view it as a claim within the budget. Unlike the right to claim the purchase of farmland under an order to dispose of farmland, the right to claim the purchase of farmland in the agricultural promotion area should be viewed as the right to form. This is because the right to claim farmland purchase on an order to dispose of farmland with a punitive character needs to be interpreted as a claim in the literature under the Farmland Act, but the right to claim farmland in the agricultural promotion area should be viewed as a right to form because there is no other remedy for infringement of farmland property rights if the right is exercised.